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2003 Rep. Advisory Comm. on Civ. Rules 1 (2003)

handle is hein.usfed/adcvru0036 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICEAND PROCEDURE OF THE JUDICIAL CONFERENCE OF THE UNITED STATES WASHINGTON, D.C. 20544 ANTHONY J. SCIRICA CHAIRS OF ADVISORY COMMITTEES CHAIR SAMUEL A. ALITO, JR. PETER G. McCABE APPELLATE RULES SECRETARY A. THOMAS SMALL BANKRUPTCY RULES DAVID F. LEVI CIVIL RULES To: Honorable Anthony J. Scirica, Chair, Standing Committee EDWARD E. CARNES on Rules of Practice and Procedure CRIMINALRULES From: David F. Levi, Chair, Advisory Committee JERRY E. SMITH EVIDENCE RULES on the Federal Rules of Civil Procedure Date: May 21, 2003 Re: Report of the Civil Rules Advisory Committee Introduction The Civil Rules Advisory Committee met on May 1 and 2 at the Administrative Office of the United States Courts in Washington, D.C. Its Style Subcommittee B met there on April 30, while Style Subcommittee A met on May 2 following the conclusion of the Advisory Committee meeting. Subcommittees A and B also met in Scottsdale, Arizona, on January 25 and 26. Draft Minutes of the Advisory Committee meeting are attached. Part I of this report describes recommendations to publish for comment in two parts. Part IA recommends four proposals for immediate publication along with the amendments to Admiralty Rules B and C approved for publication at the January meeting. Part J13 recommends Style Rules 1-15 for publication at a later time. Part II of this report is an informational summary of matters described more fully in the draft Minutes. I ACTION ITEMS: NEW RULE 5.1 AND AMENDED RULES 6(e), 27(a), AND 45(a) FOR PUBLICATION; STYLE RULES 1-15 FOR DEFERRED PUBLICATION Part IA recommends immediate publication for comment of a new Rule 5.1 and amended Rules 6(e), 27(a), and 45(a). Part lB recommends approval for later publication of Style Rules 1-15. A. Rules For Immediate Publication The Advisory Committee recommends publication for comment of new Civil Rule 5.1 and amendments to Rules 6(e), 27(a), and 45(a). Rule 5.1 The project that led to development of proposed Rule 5.1 arose from a suggestion stimulated by the publication of Appellate Rule 44(b) for comment. Rule 44(b) expanded Rule 44 to address the procedure for notifying a court of appeals that a party questions the constitutionality of a state statute. Judge Barbara B. Crabb responded to publication of the proposed amendment by suggesting

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